Tan v Mitchell

In *Tan v Mitchell*, the New South Wales Court of Appeal considered a dispute arising from a collision between a motorcycle and a motor car. The motor car had been pulling out of a parking spot when the collision occurred. The appeal concerned the assessment of damages, specifically past and future economic loss.

The Court of Appeal was required to determine whether the primary judge had erred in their assessment of damages. This involved a review of the evidence presented regarding the plaintiff's injuries and their impact on his earning capacity, as well as the defendant's liability for the collision.

The Court found that the primary judge had made errors in calculating the economic loss. Mason P, Ipp JA, and Bryson JA analysed the evidence concerning the plaintiff's past and future economic loss, applying principles of negligence and damages assessment. They determined that a higher award was warranted based on their re-evaluation of the evidence and the applicable legal principles.

Consequently, the Court ordered that the verdict and judgment entered in the District Court be set aside and a new judgment entered in the sum of $793,029.00. Ms Tan was ordered to pay the costs of the appeal in CA40417/05, while her appeal in CA40409/05 was dismissed with costs.